Legal Opinion

Ledbetter v. State

Court of Criminal Appeals of Texas

Decided May 26, 1894No. 282PublishedCited by 5 opinions

When I got to the stove I stumbled over some wood, and she just behind me stumbled over the same. I said, ‘God Almighty,’ or something to that effect. She said, 'What was that?’ and I said, ‘Stove-wood.’ I got me a drink of water and was standing on the ground outside. She had drank, and was standing on the step with her hand on my shoulder, and all at once she began to scream and grabbed the water bucket and threw it at me. I went on off.

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When I got to the stove I stumbled over some wood, and she just behind me stumbled over the same. I said, ‘God Almighty,’ or something to that effect. She said, 'What was that?’ and I said, ‘Stove-wood.’ I got me a drink of water and was standing on the ground outside. She had drank, and was standing on the step with her hand on my shoulder, and all at once she began to scream and grabbed the water bucket and threw it at me. I went on off. I thought I would go down to Freeman’s and go to bed. My head was aching very badly. From that time I did not remember anything else. I remember stepping…

1Opinion of the Court

HURT, PRESIDING Judge.

Conviction for rape upon Mrs. Wo-mack, a married woman. The indictment alleged that the rape was effected by force, threats, and fraud. The State relied upon fraud alone, namely, that appellant used stratagem, by which he induced Mrs. Womack to believe that he was her husband. Penal Code, art. 531. If Mrs. Womack is worthy of credence, this fact was most clearly established. There is nothing in this record, save the testimony of appellant, who was a witness, impeaching her testimony.

The court erred in defining “penetration.” This may be conceded. There was no objection…

2Cited by5 opinions

  1. Kolb v. StateCourt of Criminal Appeals of Texas · 1920
  2. Taylor v. StateCourt of Criminal Appeals of Texas · 1911
  3. Schwartz v. StateCourt of Criminal Appeals of Texas · 1941
  4. Banks v. StateCourt of Criminal Appeals of Texas · 1922
  5. Kolb v. StateCourt of Criminal Appeals of Texas · 1920

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